In a landmark judgment, the Supreme Court has granted relief to suspended RJD MLC, Sunil Singh, restoring his membership in the Bihar Legislative Council.
Singh made derogatory remarks about Bihar Chief Minister Nitish Kumar, leading to his suspension.
The Supreme Court annulled the Election Commission’s notification for a by-election, which it had issued following Singh’s suspension.
The bench, consisting of Justices Suryakant and N. Kotiswar Singh, used Article 142 of the Constitution to pass the order, stating that the action against Singh was unduly harsh and required a more balanced approach.
Sunil Singh faced disciplinary action after making offensive comments about CM Nitish Kumar during the Governor’s Address in the Bihar Legislative Council on February 13, 2024.
Singh had allegedly made a caricature of Kumar, leading to protests from lawmakers.
The Janata Dal-United (JD-U) MLC, Bhishma Sahni, filed a complaint, prompting an investigation by the ethics committee of the Bihar Legislative Council.
Subsequently, Singh was suspended, and the Election Commission announced plans for a by-election.
During the hearing, senior lawyer Abhishek Manu Singhvi, representing Sunil Singh, argued that the Election Commission’s stance to prevent elections while the matter was pending was inappropriate.
He highlighted the importance of freedom of expression within the legislative process.
The Court upheld the principle that respect and decorum should prevail in legislative matters but noted that Singh’s actions warranted a more nuanced response rather than immediate dismissal.
The Supreme Court’s intervention has significant political and legal implications.
It sends a message about the need for proportionality in disciplinary actions within legislative bodies.
Sunil Singh, a close associate of former CM Lalu Prasad Yadav, has frequently criticized Nitish Kumar’s leadership.
The decision also raises questions about the boundaries of free speech and the decorum expected from elected representatives.
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